There is a great deal of misunderstanding concerning certain paragraphs in the 1-4 Residential Texas Contract. Specifically, paragragh 6(C), the survey paragragh. Box 1 relates to the seller providing an existing survey of the property. The confusion comes in with the last sentence that states "If the existing survey or affidavit is not acceptable to the Title Company or Buyer's lender(s), Buyer shall obtain a new survey at ___ seller's ___ buyer's expense no later than 3 days prior to Closing Date." This comes into play only if the seller can provide a survey which is not accepted. It does not cover the circumstance if the seller cannot produce a current survey. In that case, if this box is marked it is the sellers duty to provide the survey regardless.
Another section that is reported to be the most misunderstood of all sections is paragraph 7D(2) concerning condition of the property. Generic statements such as "to be determined after inspections" are not allowed. Only specific problems that were observed can be mentioned here. However, if box (1) is marked the buyer has the right to request and negotiate repairs in a follow up amendment after inspections are completed.
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